
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC5901]

 
                        TITLE 49--TRANSPORTATION
 
              SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
 
          CHAPTER 59--INTERMODAL SAFE CONTAINER TRANSPORTATION
 
Sec. 5901. Definitions

    In this chapter--
        (1) except as otherwise provided in this chapter, the 
    definitions in sections 10102 and 13102 of this title apply.
        (2) ``beneficial owner'' means a person not having title to 
    property but having ownership rights in the property, including a 
    trustee of property in transit from an overseas place of origin that 
    is domiciled or doing business in the United States, except that a 
    carrier, agent of a carrier, broker, customs broker, freight 
    forwarder, warehouser, or terminal operator is not a beneficial 
    owner only because of providing or arranging for any part of the 
    intermodal transportation of property.
        (3) ``carrier'' means--
            (A) a motor carrier, water carrier, and rail carrier 
        providing transportation of property in commerce; and
            (B) an ocean common carrier (as defined in section 3 of the 
        Shipping Act of 1984 (46 App. U.S.C. 1702)) providing 
        transportation of property in commerce.

        (4) ``container'' has the meaning given the term ``freight 
    container'' by the International Standards Organization in Series 1, 
    Freight Containers, 3d Edition (reference number ISO668-1979(E)), 
    including successive revisions, and similar containers that are used 
    in providing transportation in interstate commerce.
        (5) ``first carrier'' means the first carrier transporting a 
    loaded container or trailer in intermodal transportation.
        (6) ``gross cargo weight'' means the weight of the cargo, 
    packaging materials (including ice), pallets, and dunnage.
        (7) ``intermodal transportation'' means the successive 
    transportation of a loaded container or trailer from its place of 
    origin to its place of destination by more than one mode of 
    transportation in interstate or foreign commerce, whether under a 
    single bill of lading or under separate bills of lading.
        (8) ``trailer'' means a nonpower, property-carrying, trailing 
    unit that is designed for use in combination with a truck tractor.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 859; Pub. L. 104-
291, title II, Sec. 203, Oct. 11, 1996, 110 Stat. 3453.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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5901(1)...............................  49:501(a)(1).
5901(2)...............................  49:501(a)(4).
5901(3)...............................  49:501(a)(5).
5901(4)...............................  49:501(a)(6).
5901(5)...............................  49:501(a)(7).
5901(6)...............................  49:501(a)(8).
5901(7)...............................  49:501(a)(9).
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---------------------------------

    This chapter restates 49:508 and the relevant definitions in 49:501 
because the subject matter more appropriately belongs in subtitle III of 
title 49. The text of 49:501(a)(1) is restated to incorporate the 
definitions in 49:10102. The terms defined in 49:501(a)(2) and (3) are 
not used in this chapter.
    In clause (2), the word ``including'' is substituted for ``For 
purposes of this paragraph . . . shall be treated as a beneficial owner 
of such property'' for consistency and to eliminate unnecessary words. 
The words ``is not a beneficial owner only because of providing or 
arranging for any part of the intermodal transportation of property'' 
are substituted for ``providing or arranging for any portion of 
intermodal transportation of property shall in no case be a beneficial 
owner of such property, for purposes of this paragraph, solely by reason 
of providing or arranging for such transportation'' to eliminate 
unnecessary words.
    In clause (3)(A), the words ``(as such terms are defined in section 
10102 of this title)'' are omitted as unnecessary because of clause (1) 
of this section.
    In clause (7), the words ``property-carrying'' are substituted for 
``cargo carrying'' for consistency in the revised title.


                               Amendments

    1996--Par. (1). Pub. L. 104-291, Sec. 203(1), added par. (1) and 
struck out former par. (1) which read as follows: ``the definitions in 
section 10102 of this title apply.''
    Pars. (6) to (8). Pub. L. 104-291, Sec. 203(2), (3), added par. (6) 
and redesignated former pars. (6) and (7) as (7) and (8), respectively.
